posted on May, 22 2013 @ 12:50 AM
reply to post by an0nThinker
Some things that need to be clarified -
Whats the reason for the contact?
The item the officer (assuming he is one) is what specifically? In general a PBT is not a calibrated instrument, which means the BAC results are not
admissible in court. The only part that would be admissible would be whether or not the presence of alcohol was detected.
What is the age of the person he is dealing with? In most states the if you are under 21 and driving a motor vehicle, the BAC limit is .02% and not
Is this for a DWI or for a minor in possession by consumption (where the standard generally is visible intoxication).
Again depending on the state a person can be charged with a DWI/DUI combination (drugs, whether legal or illegal, combined with alcohol - not required
to be over .08%.
What state are they in? I ask this because some states allow for prosecution based on impairment and not solely based on the BAC content. In my
state I can arrest and submit charges for a DWI even if their BAC level is below .08% if I can demonstrate the drivers impairment.
All the questions aside, if its a true DWI and the officer is saying the guy is drunk based on the PBT result, then yeah..... some remedial education
would be called for.